Non-Compete Agreement

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Nov 24, 2006 7:57 pm

I was fired in my first year with a regional firm due to low production. Does the fact that I was fired help my case in trying to deal with the non-compete agreement? It states that I am required to pay the cost of my training if I transfer my licenses elsewhere or wait one year before returning to the industry. Can I win this one?


I would like to go independent.  

Nov 24, 2006 9:27 pm

Kashta, I have no idea what your legal standing would be with respect to

your non-compete. Rather, I'd like to address your future plans. With no

disrespect inteneded, what could possibly make you believe that if you

couldn't maintain a production level at a regional (or a wire, for that matter),

you could succeed as an independent? I'll concede that my frame of

reference is no deeper than the independents that I know. That said, I

maintain that all of the independents that I personally know could succeed

at the wires/regionals, but the reverse is not true. Independent is NOT

easier, contrary to what might be posted here. It is, however, much more

rewarding.

Nov 24, 2006 11:19 pm

Starka,Great point. Thanks for responding. My experience at the firm was valuable because I learned a great deal. Success in this business comes with time in the business. A lot of very good people who would serve the industry well end up out of it very early. I have a plan that will work, it's all up to me. 


Nov 25, 2006 8:31 am

Kashta, which firm did you work for and what was your production?

Nov 27, 2006 1:16 pm

If you are in a right to work state, the non compete probably will not hold up in court.  They can come after you for the training cost.

Nov 27, 2006 2:00 pm

Bill, thanks for clearing that up...I'm not in a right-to-work state and have often wondered if the term was correctly used in this forum.  I also appreciate the diplomacy you showed in correcting vbrainy...is this the kinder, gentler version of Bill Singer?

Nov 27, 2006 4:15 pm
Indyone:

Bill, thanks for clearing that up...I'm not in a right-to-work state and have often wondered if the term was correctly used in this forum.  I also appreciate the diplomacy you showed in correcting vbrainy...is this the kinder, gentler version of Bill Singer?





But please don't be miffed that I laugh along Bill, because you do make some of the most valuable contributions to this board!

Nov 28, 2006 5:50 am

what are legal reasons outside of theft, threating bodily harm or incompetency? Hell I was once fired due to "politics", meaning a person with a bigger stick didn't care for me. Is that a legal reason?

Nov 28, 2006 6:11 am

I was fired once for intentionally sending a senior VP (friend) a fax about how our plan to nail a dirty EVP was progressing on the day my friend was out of town as was I knowing full well he would not get it and the EVP we were planning to smoke would. Yes, I wanted them to fire me!


Best pink slip I ever got----they ended up giving me severance pay which was equivalent to "time served" plus bonus and a glowing recommendation about what a great job I did while I was there.


Bill, the kinder/gentler version of you is well received!

Nov 28, 2006 11:26 am

Kashta,


If you think you would be in violation of the contract you should get the advice of an attorney.  Its easy for people to say "they'll never go after you" when its not their money on the line.


Read your contract.  My old one stated that if I was terminated they would not go after me for training costs.  No such clause for non-compete. 


If it doesn't specifically say that you are released of obligations upon termination then the conservative thing to do is assume that they will hold you to them.  Even if you have a case, are you prepared to spend $5000 or more just to reach a settlement or over $20,000 to fight it out in arbitration?    

Nov 29, 2006 10:40 am

Thanks everybody for responding on this matter.